2008 PLP 1047 (SCMR)

FAQIR MUHAMMAD KHOKHAR, J.

The petitioner seeks leave to appeal against judgment, dated 4-12-2000, passed by a learned Single Judge of the Lahore High Court, Lahore, in Civil Revision No.1817 of 1998.

2. The respondent filed a suit for declaration and mandatory injunction against the petitioner for correction of his date of birth in the Secondary School Certificate as well as in the admission form for the said examination. It was averred therein that the Lahore Municipal Corporation had duly issued a certificate showing his date of birth to be 9-2-1982. Therefore, the date of birth mistakenly shown in the admission form and subsequently in the Secondary School Certificate to be 9-2-1981 was required to be corrected. The civil suit of the respondent was decreed by the Civil Judge, Lahore on 2-5-1998. The petitioner filed appeal which was dismissed by the Additional District Judge, Lahore, by judgment, dated 13-7-1998. Thereafter, the petitioner filed Civil Revision No.1817 of 1998 which was also dismissed by a learned Single Judge of the Lahore High Court, Lahore, by the impugned judgment, dated 4-12-2000. Hence this petition for leave to appeal.

3. The learned counsel for the petitioner argued that the jurisdiction of the civil Court to entertain the suit regarding date of birth was barred by the provisions of sections 29 and 31 of the Punjab Board of Intermediate and Secondary Education Act, 1976 (hereinafter referred to be as the Act). It was further submitted that a committee duly constituted by the petitioner had found the certificate and entries regarding the date of birth of the respondent recorded by the Municipal Corporation, Lahore, to be bogus and an afterthought. It was lastly submitted that there were no justifiable reasons to interfere with the findings as recorded after proper inquiry by an appropriate committee. The learned counsel relied on the cases of Board of Intermediate and Secondary Education, Lahore and others v. Ch. Anjum Pervaiz and another 1989 CLC 64, Board of Intermediate and Secondary Education, Lahore through Secretary v. Mst. Sobia Chand 1999 CLC 1166 and Ijaz Mahmood v. Board of Intermediate and Secondary Education 86-Mozang Road, Lahore, through its Chairman 1999 CLC 984.

4. We have heard the learned counsel for the petitioner at some length and have also gone through the available record. In this case, the finding of fact was recorded by the High Court as well by the trial Court in that the reason communicated by the petitioner to the respondent refusing correction of his date of birth was different than the one sought to be proved in the Court. The concurrent findings of fact recorded by all the Courts were not shown to be suffering from any misreading or non-reading of evidence on record. Ordinarily, this Court is not expected to substitute its findings of fact for those recorded by the Courts of competent jurisdiction. The inconsistent position taken by the petitioner-Board was considered to be unjustified. Moreover, the conclusion drawn by the committee of the petitioner-Board was not supported by the facts and circumstances of the case. In our view the impugned judgment of the High Court is just and fair which does not suffer from any factual or legal error. The true scope of the provisions of sections 29 and 31 of the Act shall be examined in some other appropriate case. This is not a fit case for grant of leave to appeal. We may, however, observe that power of correction or change in date of birth of a person is to be exercised by a Court, Tribunal or other authority with great circumspection and utmost care and only in a very exceptional case.

5. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. S.A.K./B-16/SC Leave refused.